By: Carona S.B. No. 2323

A BILL TO BE ENTITLED

AN ACT

relating to the functions of the Texas School Safety Center and safety and security at public educational institutions.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. The heading to Section 37.108, Education Code, is amended to read as follows:

Sec. 37.108. MULTIHAZARD EMERGENCY OPERATIONS PLAN; SAFETY AND SECURITY AUDIT.

SECTION 2. Section 37.108, Education Code, is amended by amending Subsections (a), (b), and (c) and adding Subsections (c-1), (c-3), and (e) to read as follows:

(a) Each school district or institution of higher education shall adopt and implement a multihazard emergency operations plan for use in the district's facilities or in the institution of higher education [district schools]. The plan must address mitigation, preparedness, response, and recovery as defined by the commissioner of education or commissioner of higher education in conjunction with the governor's office of homeland security. The plan must provide for:

(1) [district] employee training in responding to an emergency;

(2) if the plan applies to a school district, mandatory school drills and exercises to prepare district students and employees for responding to an emergency;

(3) measures to ensure coordination with the Department of State Health Services and local emergency management agencies, law enforcement, health departments, and fire departments in the event of an emergency; and

(4) the implementation of a safety and security audit as required by Subsection (b).

(b) At least once every three years, each [a] school district or institution of higher education shall conduct a safety and security audit of the district's or institution's facilities. To the extent possible, a district or institution of higher education shall follow safety and security audit procedures developed by the Texas School Safety Center or a comparable public or private entity.

(c) A school district or institution of higher education shall report the results of the safety and security audit conducted under Subsection (b) to the district's board of trustees or the institution's board of regents, as applicable, and, in the manner required by the Texas School Safety Center, to the Texas School Safety Center.

(c-1) Except as provided by Subsection (c-3), any document or information collected, developed, or produced during a safety and security audit conducted under Subsection (b) is not subject to disclosure under Chapter 552, Government Code.

(c-3) A document relating to an institution of higher education's multihazard emergency operations plan is subject to disclosure if the document enables a person to:

(1) verify that the institution has established a plan and determine the agencies involved in the development of the plan and the agencies coordinating with the institution to respond to an emergency, including local emergency services agencies, law enforcement agencies, and fire departments;

(2) verify that the institution's plan was reviewed within the last 12 months and determine the specific review dates;

(3) verify that the plan addresses the four phases of emergency management under Subsection (a);

(4) verify that institution employees have been trained to respond to an emergency and determine the types of training, the number of employees trained, and the person conducting the training;

(5) verify that each campus of the institution has conducted mandatory emergency drills and exercises in accordance with the plan and determine the frequency of the drills;

(6) verify that the institution has completed a safety and security audit under Subsection (b) and determine the date the audit was conducted, the person conducting the audit, and the date the institution presented the results of the audit to the board of regents;

(7) verify that the institution has addressed any recommendations by the board of regents for improvement of the plan and determine the institution's progress within the last 12 months; and

(8) verify that the institution has established a visitor policy and identify the provisions governing access to an institution building or other institution property.

(e) In this section, "institution of higher education" has the meaning assigned by Section 61.003.

SECTION 3. Subchapter D, Chapter 37, Education Code, is amended by adding Section 37.109 to read as follows:

Sec. 37.109. SCHOOL SAFETY AND SECURITY COMMITTEE. (a) In accordance with guidelines established by the Texas School Safety Center, each school district shall establish a school safety and security committee.

(b) The committee shall:

(1) participate on behalf of the district in developing and implementing emergency plans consistent with the district multihazard emergency operations plan required by Section 37.108(a) to ensure that the plans reflect specific campus, facility, or support services needs;

(2) provide the district with any campus, facility, or support services information required in connection with a safety and security audit required by Section 37.108(b), a safety and security audit report required by Section 37.108(c), or another report required to be submitted by the district to the Texas School Safety Center; and

(3) review each report required to be submitted by the district to the Texas School Safety Center to ensure that the report contains accurate and complete information regarding each campus, facility, or support service in accordance with criteria established by the center.

SECTION 4. Section 37.202, Education Code, is amended to read as follows:

Sec. 37.202. PURPOSE. The purpose of the center is to serve as:

(1) a central location for school safety and security information, including research, training, and technical assistance related to successful school safety and security programs; [and]

(2) a central registry of persons providing school safety and security consulting services in the state; and

(3) a resource for the prevention of youth violence and the promotion of safety in the state.

SECTION 5. Subsection (a), Section 37.203, Education Code, as amended by Chapters 258 (S.B. 11) and 263 (S.B. 103), Acts of the 80th Legislature, Regular Session, 2007, is reenacted to read as follows:

(a) The center is advised by a board of directors composed of:

(1) the attorney general, or the attorney general's designee;

(2) the commissioner, or the commissioner's designee;

(3) the executive director of the Texas Juvenile Probation Commission, or the executive director's designee;

(4) the executive commissioner of the Texas Youth Commission, or the executive commissioner's designee;

(5) the commissioner of the Department of State Health Services, or the commissioner's designee;

(6) the commissioner of higher education, or the commissioner's designee; and

(7) the following members appointed by the governor with the advice and consent of the senate:

(A) a juvenile court judge;

(B) a member of a school district's board of trustees;

(C) an administrator of a public primary school;

(D) an administrator of a public secondary school;

(E) a member of the state parent-teacher association;

(F) a teacher from a public primary or secondary school;

(G) a public school superintendent who is a member of the Texas Association of School Administrators;

(H) a school district police officer or a peace officer whose primary duty consists of working in a public school; and

(I) two members of the public.

SECTION 6. Subsection (b), Section 37.203, Education Code, is amended to read as follows:

(b) Members of the board appointed under Subsection (a)(7) [(a)(6)] serve staggered two-year terms, with the terms of the members described by Subsections (a)(7)(A)-(E) [(a)(6)(A)-(E)] expiring on February 1 of each odd-numbered year and the terms of the members described by Subsections (a)(7)(F)-(I) [(a)(6)(F)-(I)] expiring on February 1 of each even-numbered year. A member may serve more than one term.

SECTION 7. Subsection (a), Section 37.207, Education Code, is amended to read as follows:

(a) The center shall develop a model safety and security audit procedure for use by school districts and institutions of higher education that includes:

(1) providing each district or institution with guidelines [and a training video] showing proper audit procedures;

(2) reviewing elements of each district or institution audit[, providing the results of the review to the district,] and making recommendations for improvements in the state based on that review [the audit]; and

(3) incorporating the findings of district and institution audits in a statewide report on school safety and security made available by the center to the public.

SECTION 8. Section 37.209, Education Code, is amended to read as follows:

Sec. 37.209. CENTER WEBSITE. The center shall develop and maintain an interactive Internet website that includes:

(1) quarterly news updates related to school safety and security and violence prevention;

(2) school crime data;

(3) a schedule of training and special events; and

(4) a list of persons who [approved by the board to] provide school safety or security consulting services in this state and are registered in accordance with Section 37.2091 [presentations].

SECTION 9. Subchapter G, Chapter 37, Education Code, is amended by adding Sections 37.2091 and 37.2121 to read as follows:

Sec. 37.2091. REGISTRY OF PERSONS PROVIDING SCHOOL SAFETY OR SECURITY CONSULTING SERVICES. (a) In this section, "school safety or security consulting services" includes any service provided to a school district, institution of higher education, district facility, or campus by a person consisting of advice, information, recommendations, data collection, or safety and security audit services relevant to school safety and security, regardless of whether the person is paid for those services.

(b) The center shall establish a registry of persons providing school safety or security consulting services in this state.

(c) Each person providing school safety or security consulting services in this state shall register with the center in accordance with requirements established by the center. The requirements must include provisions requiring a person registering with the center to provide information regarding:

(1) the person's background, education, and experience that are relevant to the person's ability to provide knowledgeable and effective school safety or security consulting services; and

(2) any complaints or pending litigation relating to the person's provision of school safety or security consulting services.

(d) The registry is intended to serve only as an informational resource for school districts and institutions of higher education. The inclusion of a person in the registry is not an indication of the person's qualifications or ability to provide school safety or security consulting services or that the center endorses the person's school safety or security consulting services.

(e) The center shall include information regarding the registry, including the number of persons registered and the general degree of school safety or security experience possessed by those persons, in the biennial report required by Section 37.216.

Sec. 37.2121. MEMORANDA OF UNDERSTANDING AND MUTUAL AID AGREEMENTS. (a) The center shall identify and inform school districts of the types of entities, including local and regional authorities, other school districts, and emergency first responders, with whom school districts should customarily make efforts to enter into memoranda of understanding or mutual aid agreements addressing issues that affect school safety and security.

(b) The center shall develop guidelines regarding memoranda of understanding and mutual aid agreements between school districts and the entities identified in accordance with Subsection (a). The guidelines:

(1) must include descriptions of the provisions that should customarily be included in each memorandum or agreement with a particular type of entity;

(2) may include sample language for those provisions; and

(3) must be consistent with the Texas Statewide Mutual Aid System established under Subchapter E-1, Chapter 418, Government Code.

(c) The center shall encourage school districts to enter into memoranda of understanding and mutual aid agreements with entities identified in accordance with Subsection (a) that comply with the guidelines developed under Subsection (b).

(d) Each school district that enters into a memorandum of understanding or mutual aid agreement addressing issues that affect school safety and security shall, at the center's request, provide the following information to the center:

(1) the name of each entity with which the school district has entered into a memorandum of understanding or mutual aid agreement;

(2) the effective date of each memorandum or agreement; and

(3) a summary of each memorandum or agreement.

(e) The center shall include information regarding the center's efforts under this section in the report required by Section 37.216.

SECTION 10. Section 37.213, Education Code, is amended to read as follows:

Sec. 37.213. INSTITUTIONS OF HIGHER EDUCATION. (a) In this section, "institution of higher education" has the meaning assigned by Section 61.003.

(b) The center, in cooperation with institutions of higher education and the division of emergency management in the office of the governor, shall coordinate the development of standards for institutions of higher education in the following areas:

(1) multihazard emergency operations plans;

(2) drills and exercises;

(3) risk assessment and hazard identification on a campus-specific and facility-specific basis to determine appropriate campus and facility information for inclusion in emergency operations plans; and

(4) required training for emergency management team members.

(c) The center shall make standards developed under Subsection (b) available to institutions of higher education through a variety of readily accessible methods.

(d) The center shall provide institutions of higher education with directed training, technical assistance, and published guidelines to ensure understanding and implementation of the standards developed under Subsection (b).

(e) The center shall research best practices regarding emergency preparedness of institutions of higher education and serve as a clearinghouse for that information.

(f) The center shall provide institutions of higher education with training, technical assistance, and published guidelines or templates, as appropriate, in the following areas:

(1) multihazard emergency operations plan development;

(2) drill and exercise development and implementation;

(3) mutual aid agreements;

(4) identification of equipment and funds that may be used by institutions of higher education in an emergency; and

(5) reporting in accordance with 20 U.S.C. Section 1092(f) [An institution of higher education may use any appropriate model plan developed by the center under Section 37.205(4).

[(c) The center may provide an institution of higher education with on-site technical assistance and safety training.

[(d) The center may charge a fee to an institution of higher education for assistance and training provided under Subsection (c)].

SECTION 11. Section 37.216, Education Code, is amended to read as follows:

Sec. 37.216. BIENNIAL [ANNUAL] REPORT. (a) Not later than January [September] 1 of each odd-numbered year, the board shall provide a report to the governor, the legislature, the State Board of Education, and the agency.

(b) The biennial [annual] report must include any findings made by the center regarding school safety and security and the center's functions, budget information, and strategic planning initiatives of the center.

SECTION 12. Subchapter G, Chapter 37, Education Code, is amended by adding Section 37.2161 to read as follows:

Sec. 37.2161. SCHOOL SAFETY AND SECURITY PROGRESS REPORT. (a) The center shall periodically provide a school safety and security progress report to the governor, the legislature, the State Board of Education, and the agency that contains current information regarding school safety and security in the school districts and institutions of higher education of this state based on:

(1) elements of each district's or institution's multihazard emergency operations plan required by Section 37.108(a);

(2) elements of each district's or institution's safety and security audit required by Section 37.108(b); and

(3) any other report required to be submitted to the center.

(b) The center shall establish guidelines regarding the specific information to be included in the report required by this section.

(c) The center may provide the report required by this section in conjunction with the report required by Section 37.216.

SECTION 13. Subdivision (10), Section 418.004, Government Code, is amended to read as follows:

(10) "Local government entity" means a county, incorporated city, independent school district, institution of higher education, as defined by Section 61.003, Education Code, emergency services district, other special district, joint board, or other entity defined as a political subdivision under the laws of this state that maintains the capability to provide mutual aid.

SECTION 14. Section 37.210, Education Code, is repealed.

SECTION 15. Subsections (c-1) and (c-3), Section 37.108, Education Code, as added by this Act, apply only to a request for documents or information that is received by an institution of higher education on or after the effective date of this Act. A request for documents or information that was received before the effective date of this Act is governed by the law in effect on the date the request was received, and the former law is continued in effect for that purpose.

SECTION 16. A person providing school safety or security consulting services in this state shall comply with Section 37.2091, Education Code, as added by this Act, not later than January 1, 2010.

SECTION 17. This Act does not make an appropriation. A provision in this Act that creates a new governmental program, creates a new entitlement, or imposes a new duty on a governmental entity is not mandatory during a fiscal period for which the legislature has not made a specific appropriation to implement the provision.

SECTION 18. This Act takes effect September 1, 2009.